Zeigler's Petition

Citations

• 207 Pa. 131
• 56 A. 419
• 1903 Pa. LEXIS 456

Syllabus

<p>Public officers—County auditors—Account—Act of April 15, 1834, P. L. 537—Appeal nunc pro tunc.</p> <p>County commissioners should be given leave to appeal nunc pro tunc from a report of county auditors settling the account of a county treasurer where upon a proper hearing it is made to appear that the report was obtained by fraud practiced by the county treasurer, and that such fraud was not discovered until after the time allowed for the appeal had passed.</p> <p>Where a petition for an appeal nunc pro tunc from report of county auditors avers fraud in procuring the report, the question raised should not be summarily disposed of on petition and demurrer. In such a case the demurrer should be overruled with leave to the county treasurer and his sureties to answer; and on answer, or in default thereof, the court should be informed by depositions as to the real facts in connection with appellants’ allegations of fraud, and, if then satisfied that relief ought to be granted, the judgment should be opened and the appeal allowed.</p>